SCRAM: A Judge's Review
I had heard from a few people that Judge Dennis Powers, from the first published proven false-positive, was releasing an article for the Michigan Bar. I have also heard rumors that threats of action from AMS retarded the publishing, and it is quite the scrutinous review. The introduction states," The secure continuous remote alcohol monitor (SCRAM) tether represents the hope of monitoring defendants who are on probation, ensuring that they refrain from alcohol, without resorting to jail. If not proven reliable, however, the SCRAM tether may not be used as even a screening device, and jail time should not result from its reports. This article discusses a recent district court case involving a SCRAM tether and explores the evidentiary difficulties surrounding its use.1"
Basically more of the same, still nothing on the "obstruction" aspect of the device, but does give an in depth look at the case. There were multiple false-positives, the first one lasted 63 hours (water trapped in the bracelet + fitted tight and/or other form of alcohol/interferent?) with 10 hours of a constant TAC. The second alledged episode the tether reported a TAC of .025, the PBT was .00. The third allegation continued for 12 hours, ranging from .02 to .04 ( Judge Powers appears to be concerned with endogenous ethanol, food combinations, etc...) while the client was in the hospital. There were at least two different bracelets worn by the defendant, so it was not a malfunctioning tether.
The Judge also verified my statements that the device does not meet the requirements of Daubert as scientific evidence, and states," While the SCRAM tether was measuring transdermal alcohol diffused by the defendant, the court was concerned with the origin of that alcohol. AMS’s after-the-fact attempts to rehabilitate its device in relation to Daubert are unsuccessful in the eyes of these writers."
Jefferey Hawthorne claimed his device never registers false-positives, I guess the defense should of asked about anomaly's!! I stated elsewhere that I believe 75% of the 40% of wearers that still tamper or drink (2004) were falsly accused, three false-positives on one client, and we still have yet to see a research on this "confirmed obstruction". The most recent recidivism rate I've seen quoted from AMS was 18%.
http://www.michbar.org/journal/pdf/pdf4article1014.pdf
The body of evidence supplied by the defendant made it clear that the readings by the SCRAM tether were not necessarily the result of prolonged drinking episodes. The data did not match the final conclusion, andwithout further research and foundation, the‘‘analytical gap’’ warned of in Gilbert cannot be overcome. There is much more occurring within the body with regard to the discharge of alcohol through the skin than the court was previously aware of, and much more remains to be done, even with the availabilityof the Sakai Study.
Basically more of the same, still nothing on the "obstruction" aspect of the device, but does give an in depth look at the case. There were multiple false-positives, the first one lasted 63 hours (water trapped in the bracelet + fitted tight and/or other form of alcohol/interferent?) with 10 hours of a constant TAC. The second alledged episode the tether reported a TAC of .025, the PBT was .00. The third allegation continued for 12 hours, ranging from .02 to .04 ( Judge Powers appears to be concerned with endogenous ethanol, food combinations, etc...) while the client was in the hospital. There were at least two different bracelets worn by the defendant, so it was not a malfunctioning tether.
The Judge also verified my statements that the device does not meet the requirements of Daubert as scientific evidence, and states," While the SCRAM tether was measuring transdermal alcohol diffused by the defendant, the court was concerned with the origin of that alcohol. AMS’s after-the-fact attempts to rehabilitate its device in relation to Daubert are unsuccessful in the eyes of these writers."
Jefferey Hawthorne claimed his device never registers false-positives, I guess the defense should of asked about anomaly's!! I stated elsewhere that I believe 75% of the 40% of wearers that still tamper or drink (2004) were falsly accused, three false-positives on one client, and we still have yet to see a research on this "confirmed obstruction". The most recent recidivism rate I've seen quoted from AMS was 18%.
http://www.michbar.org/journal/pdf/pdf4article1014.pdf
The body of evidence supplied by the defendant made it clear that the readings by the SCRAM tether were not necessarily the result of prolonged drinking episodes. The data did not match the final conclusion, andwithout further research and foundation, the‘‘analytical gap’’ warned of in Gilbert cannot be overcome. There is much more occurring within the body with regard to the discharge of alcohol through the skin than the court was previously aware of, and much more remains to be done, even with the availabilityof the Sakai Study.
posted by marcellus91872 at 2:45 AM
4 Comments:
i just recently won a case against scram in naples, florida where the judge ruled that my bracelets false reading was not consumption but he believed it was caused by ambien air.
Hi, my name is Chris and I have been wearing the scram bracelet as a part of my probation since July. I am a recovering alcoholic and have not had a drink since March 25 of 2006. After two dwi's in August and October of 2005, I have finally gotten my life back together and sobriety has been great! Here is my problem:
Scram reported that on Nov. 9 I sipped alcohol throughout the night starting around 11:00 PM and ending around 11:00AM the next day (while at work). The peak reading was at 6:00 AM at .035. The next night scram reported that I started consuming alcohol, sipping throughout the night around 3:00 AM and reached a peak of .045 at 5:53 AM. This didn't happen. I am a teacher and after a year of being unemployed I finally got a teaching job on Nov. 6. I am currently suspended from my job due to this pending probation violation hearing.
A warrant was issued for my arrest and I turned myself in last Tuesday. My lawyer managed to get bail and I had a hearing yesterday, where the lawyer thought we would clear this up. It is extended now until next Monday and the court basically says that if the machine says that I drank, then I must have drank. They want me to prove that there was something wrong with their machine, otherwise I am screwed.
When I learned about the false-positive reading I immediately had blood work drawn which came back negative, and an etg test done as well that also came back negative. ETG claims it goes back about 80 hours so this entire "drinking episode" is covered under that 80 hour time span. The state doesn't care. I didn't do this and I am looking at going to jail for 9 months. I will lose my job, flunk out of nightschool, I am raising a 2 year old with my wife who KNOWS that this didn't happen, and she is pregnant, due in April......this is the most insane thing I have ever been through.
I am asking for your help. My lawyer and I have some witnesses ready. My wife, a guy who rents a room downstairs and I see everyday, 2 people from my work, and my lawyer has 1 expert who can talk about the fact that alcohol can't metabolize in the body the way scram says it did in mine. Do you know anybody who is able to testify against scram, or do you do that type of thing? I live in St. Paul, MN. and am willing to pay expenses for travel. I will go to any lenghth to prove that I didn't do this. It seems that the state is just protecting themselves. I think my PO knows the truth, he couldn't even look me in the eyes at court yesterday it was really amazing.
If you have any advise it would be greatly appreciated. If you could come to minnesota to testify on Monday afternoon, if you even do that type of thing?????? Anyway, I am just hopeless right now and am looking for help.
Thank you so much for reading my email.
Chris
brucker28@comcast.net
Please, if you are serious about fighting the scram injustice as read in all these blogs, please write me (i am not a lawyer) at fightscraminjustice@gmail.com.
Please give your history while wearing your scram bracelet, along with any incidental information that might be helpful.
We cannot win alone, but in numbers we can. With you in this fight against injustice.
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